The importance of full and frank disclosure within divorce proceedings

By Curtis Law Solicitors

22 Nov 2013

by Wendy Wharton, family law solicitor, Curtis Law

When a couple divorce or have a partnership dissolution they are more than likely to have the financial aspects of their relationship to deal with.

Sometimes separating is not always simple, straightforward or acrimonious. Financial settlement is one of the most contentious aspects of separation and people find it difficult to see why the husband or wife, or civil partner should get anything at all.

The circumstances of each divorce or dissolution of a civil partnership are different and there are no strict rules relating to the resolution of financial matters. The law in this is flexible and it is not always the case that assets will be divided equally between the two parties.

There are a series of factors which are taken into account when attempting to reach an appropriate financial agreement including child support and welfare, length of the marriage, civil partnership and ages of the parties, financial needs, contributions – these are just a few examples.

Before any family lawyer can properly advise a party upon what is a realistic division of assets on divorce or civil dissolution, the full extent of all the assets have to be identified and disclosed in full. Any businesses or homes require valuation and if there are any pensions, these also need to valued.

If one party fails to disclose assets or tries to hide or depreciate assets this can get them into serious trouble. At the moment a Respondent husband has been found guilty of contempt of court and jailed for not co-operating with financial relief proceedings (Ball v Shepstone [2013]) after failing to comply with an order and was committed to prison for 14 days. He has also been ordered to pay his wife’s costs of and incidentals to her application for committal.

Issues also arise relating to what constitutes ‘matrimonial assets’ and what should be subject to the sharing principle. Arguments often arise over whether assets owned before the marriage should be viewed as non-matrimonial and therefore treated differently and often the same issues arise over inherited assets or assets built up during the period of separation.

However all have to be disclosed for a decision to be made. In the cases of ‘Miller v Miller’ and ‘McFarlane v McFarlane’ for example, the House of Lords confirmed that when making a financial award the three principles which should guide the court are needs, compensation and sharing.

There are no hard and fast rules as to how these principles are applied. The assets of the marriage are not divided equally in every divorce, but where certain factors apply there is a strong argument for an equal division. An equal split of assets will usually take place where assets of the marriage are large and therefore sufficient to meet the housing needs of both the husband and the wife, or civil partners and the assets were built up during the course of the marriage or civil partnership.

In a most recent case, which is still before the court, an ex-husband is alleged to have concealed £15,000 of jewellery belonging to his ex-wife, which he claimed ‘she lost’.

The judge has given the husband until 16 December to help find the jewellery and has ruled that after the marriage has broken down irretrievably, the husband had attempted to put money ‘beyond the reach’ of his ex-wife. If the jewellery somehow ‘magically returns’ that is acceptable, if it does not she will get the extra cash from the house sale proceedings on top of her 80% share of the sale of the former family home. Parties need to be very careful when deciding to not disclose assets or put money beyond the reach of their husband or wife or civil partner as this will always be discovered and at additional cost.

Enjoyed this? Read more from Curtis Law Solicitors

Latest news

1

Times Higher Education Award for Lancaster University’s “innovation success story” Lancaster University has won the Knowledge Exchange/Transfer Initiative of the Year Award

Times Higher Education Award for Lancaster University’s “innovation success story”

14 Nov 2025

2

Union warns strikes will bring BAE Systems ‘to its knees’ bae-systems-samlesbury.jpg

Union warns strikes will bring BAE Systems ‘to its knees’

14 Nov 2025

3

County Hall looks at a two-council future for Lancashire County Hall in Lancashire

County Hall looks at a two-council future for Lancashire

13 Nov 2025

4

22 festivals given support from Association of Independent Festivals and Skiddle partnerships AIF and Skiddle supporting festivals

22 festivals given support from Association of Independent Festivals and Skiddle partnerships

13 Nov 2025

5

Sibling hoteliers vie for same tourism award Three of the four generations of hoteliers Ollie, Liz, Nigel and Irene

Sibling hoteliers vie for same tourism award

11 Nov 2025

Background image for hub sign up block

LBV Hub

Leverage Lancashire Business View platforms

Post your news
Post your events
Post your offers
Build your network
Improve your SEO
Gain coverage in the magazine
Sign-up
Events
November / December 2025 Magazine Launch Event
Holiday Inn Hotel
Networking
19 Nov 2025

November / December 2025 Magazine Launch Event

Holiday Inn, Blackpool

08:30 - 10:30

CMI Level 5 Project Management Course
UCLanAerialCampus.jpg.jpg
LBV Hub Seminars
21 Feb 2025 - 21 Feb 2026

CMI Level 5 Project Management Course

Preston Campus, Preston, PR1 2HE

08:00 - 17:00

CMI Level 5 Management and Leadership Course
UCLanAerialCampus.jpg.jpg
LBV Hub Seminars
21 Feb 2025 - 21 Feb 2026

CMI Level 5 Management and Leadership Course

Preston Campus, Preston , PR1 2HE

09:00 - 17:00

Help to grow management course
Help to grow - barriers to growth.png.png
LBV Hub Seminars
26 Sep 2025 - 16 Dec 2025

Help to grow management course

Preston Campus , Preston , PR1 2HE

09:00 - 15:00

RISE - Lancashire's unique leadership programme for women
thumbnail_Emma Weston Illustration WENDY BOWERS RISE Illustrstion.jpg.jpg
LBV Hub Seminars
22 Oct 2025 - 18 Mar 2026

RISE - Lancashire's unique leadership programme for women

East Lancashire Chamber of Commerce, Clayton le Moors, BB5 5JR

09:30 - 15:30

Women scaling up Blackpool Fylde and Wyre
LBV Hub Seminars
22 Oct 2025 - 09 Jan 2026

Women scaling up Blackpool Fylde and Wyre

The Small Business Academy, Blackpool, FY4 5JX

09:30 - 15:30

Sub36 Networking - Jurassic Village
Jurassic Village
Networking
18 Nov 2025 - 18 Nov 2025

Sub36 Networking - Jurassic Village

Jurassic Village, Burnley, BB10 2FU

09:00 - 11:00

Blackburn & Darwen Youth Zone Quiz
Thursday 20th November.png.png
LBV Hub Fundraisers
20 Nov 2025 - 20 Nov 2025

Blackburn & Darwen Youth Zone Quiz

Accrington Stanley Football Club, Accrington, BB5 5BX

17:00 - 20:00

The path to profit with consistency, quality and speed in your business
icz bburn coll.jpeg.jpg
LBV Hub Seminars
21 Nov 2025 - 21 Nov 2025

The path to profit with consistency, quality and speed in your business

Industry Collaboration Zone, Bolton College, Feilden Street, Blackburn, BB2 1LH

09:30 - 12:00

Preston Freelancer Meet-Up: November
NovFreelancer version 2 .png.png
LBV Hub Networking
26 Nov 2025 - 26 Nov 2025

Preston Freelancer Meet-Up: November

Society1 Coworking Space, Preston, PR1 3LT

10:00 - 11:30

Lancashire post Budget analysis finance leaders events
MHA-BTI Logo_black (002).jpg.jpg
LBV Hub Networking
27 Nov 2025 - 27 Dec 2025

Lancashire post Budget analysis finance leaders events

Farington Lodge Hotel, Stanifield Lane, Farington, Preston, PR25 4QR

08:00 - 10:00

The PM+M Autumn Budget seminar - East Lancashire
Autumn Budget event East Lancashire
LBV Hub Seminars
27 Nov 2025 - 27 Nov 2025

The PM+M Autumn Budget seminar - East Lancashire

Crow Wood Hotel, Burnley, BB12 0RT

08:00 - 10:30

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more LBV124 Online Graphic
Subscribe now

Weekly news bulletin